K.K. Usha, J.

The question that is referred for consideration of the Bench is whether a kudikidappu as defined under S.2(25) of the Kerala Land Reforms Act, 1963 can come into existence after 1.1.1970. A Full Bench of this Court in Mary Yohannan v. Sreekumaran Nair, 1991 (2) KLT 751 has set at rest this dispute eight years back holding that a kudikidappu can come into existence even after 1.1.1970 and right to purchase kudikidappu rights is not restricted to persons who acquired the status of kudikidappukaran before 1.1.1970. The reference was necessitated since the learned counsel for the respondent brought to the notice of the learned Single Judge before whom the C.R.P. came up for hearing, a judgment of a learned Single Judge in Mohammed v. Abdulla,199? (1) KLT 410 which contains observations to the effect that no kudikidappu can come into existence after 1.1.1970.

2. We heard learned counsel for the revision petitioner as well as the respondent. The very same question came up for consideration before a Bench by way of reference in the year 1979. In Kunhimama v. Vasu, 1979 KLT 88, a Bench of this Court took the view that the mere fact that the kudikidappu sprang into e